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Unique Challenges Faced When “Crafting” a Commercial Lease for a Brewery

As craft breweries often merge retail and industrial leasing concepts, they face a unique set of legal issues when negotiating a commercial lease agreement for their production facility and/or tasting room. License/Permit Contingencies and Permitted Use Provisions are Critical First of all, it is critical that the lease agreement contain contingencies for receipt by the brewery of the necessary licenses, … Continue reading »

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Lenders May Foreclose a Deed of Trust Without Accelerating the Underlying Debt

Debt Acceleration Generally Commercial and residential loan documents typically give the lender the option of accelerating the debt following an event of default.  In other words, if the borrower fails to pay, or if some other event of default occurs, and that default continues uncured for a specified amount of time, then the lender may declare the entire loan balance … Continue reading »

Taxpayer Friendly Federal Transfer

Lessons from S-Town on Estate Planning Issues Affecting Vulnerable Adults

Pop culture sometimes provides us with valuable lessons about the importance of estate planning. For example, as Trusts & Estates magazine pointed out, at the heart of the first season of the hit show Empire was a story of the trials and tribulations of business succession planning, as the head of a record company and family patriarch is diagnosed with a terminal … Continue reading »

Carbon monoxide detector

Washington Rejects Insurers’ Clever Attempts to Draft Around the Efficient Proximate Cause Rule

The Washington Supreme Court recently issued a new decision that restricts insurance companies with regard to their longstanding attempts to exclude pollution-related losses and draft around Washington’s “efficient proximate cause” rule. Xia v. Probuilders Specialty Ins. Co., et al. In Xia v. Probuilders Specialty Ins. Co., et al., plaintiff Xia became sick from carbon monoxide exposure almost immediately after purchasing … Continue reading »

States

Changing Your Residency to Avoid Washington Estate Tax

For Washington residents facing the possibility of a sizable estate tax bill, establishing residency in a different state may be worth considering, particularly for those who already have a second residence in another state. Establishing residency in another state may provide a tax advantage for some, but for others, the burdens of moving to a new home state ultimately override … Continue reading »

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